Norton Introduces Bill to Allow D.C. to Grant Clemency, Same Power Enjoyed by States and Territories

Contact: Raven Reeder

February 26, 2019

Norton Introduces Bill to Allow D.C. to Grant Clemency, Same Power Enjoyed by States and Territories

WASHINGTON, D.C.—Congresswoman Eleanor Holmes Norton (D-DC) today announced that she has introduced a bill to give the District of Columbia exclusive authority, like the states and U.S. territories, to grant clemency for criminal convictions under its laws.  The District of Columbia Clemency Home Rule Act is part of Norton’s “Free and Equal D.C.” series.  While D.C. law appears to give the mayor authority to grant clemency (D.C. Code 1–301.76), the U.S. Department of Justice (DOJ) has opined that the mayor’s clemency authority, if any, is very narrow, and that the President of the United States has authority to grant clemency in all local D.C. criminal convictions and exclusive authority for local D.C. felony convictions.  Under current practice, clemency petitions for D.C. convictions, like federal convictions, are submitted to DOJ for the president’s consideration.  Under Norton’s bill, clemency power, including pardons, reprieves, or commutations of sentence, would be given to the District government instead of remaining with the president.

“The District, like the states and territories, should have full control of its local criminal justice system, the most basic responsibility of local government,” Norton said.  “Since the D.C. Council has the authority to enact local laws, District officials are in the best position to grant clemency for local law convictions.  This bill is an important step in establishing further the principle of home rule for D.C. and allowing the District greater autonomy in governing its own local affairs.”

The District recently established a Clemency Board and announced that it would soon be considering clemency applications submitted to the District government, which would then present approved requests to the president for his consideration.  Norton’s bill would grant the District clemency authority so that the District would not have to rely on the president to grant clemency for violations of local D.C. law.

Norton’s introductory statement follows.

Statement of Congresswoman Eleanor Holmes Norton on

the Introduction of the District of Columbia Clemency Home Rule Act

February 25, 2019

Today, I introduce the District of Columbia Clemency Home Rule Act, a bill that would give the District of Columbia exclusive authority, like the states and territories, to grant clemency to offenders prosecuted under its local laws.

While District law appears to give the mayor authority to grant clemency (D.C. Code 1–301.76), it is the opinion of the Department of Justice (DOJ) that the president, and not the mayor, has the authority to grant clemency for most offenses prosecuted under D.C. law, particularly felonies prosecuted by the U.S. Attorney in the D.C. Superior Court.  Under current practice, clemency petitions for D.C. convictions, like federal convictions, are submitted to the DOJ for the president’s consideration. 

Whether or not DOJ’s view is correct, my bill would remove all doubt that the District, and not the president, has the authority to issue clemency for local offenses.  The District, like the states and territories, should have full control of its local criminal justice system, the most basic responsibility of local government.  Since the D.C. Council has the authority to enact local laws, District officials are in the best position to grant clemency for local law convictions.  My bill would provide clemency authority to the District government and would give D.C. the discretion to establish its own clemency system. 

This bill is an important step in establishing further autonomy for the District in its own local affairs.  I urge my colleagues to support this measure.

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